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Work permit is one of the indispensable documents when foreign workers enter the Vietnamese labor market to work. So specifically who is this document issued to? What are the conditions for being granted a Work Permit? All will be answered shortly.

1. What is a work permit?

There is currently no legal document regulating the concept of a work permit. It can be simply understood that a work permit is a type of legal document that allows workers of foreign nationality to work legally in Vietnam.

A valid work permit must be issued by the state labor management agency in Vietnam.

Specifically, according to Article 11 of Decree 152/2020/ND-CP and instructions in Decision 526/QD - LĐTBXH in 2021, agencies competent to issue work permits include:

(1) Department of Employment under the Ministry of Labor, War Invalids and Social Affairs.

Issuing work permits to foreign workers working at the following agencies, organizations and businesses:

– International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and branches to establish and operate.

– State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations established by the Government, Prime Minister, ministries, industry allows establishment.

– Non-business organizations and educational institutions allowed to be established by the Government, Prime Minister, ministries and branches.

– Enterprises have headquarters in one province or city but have a representative office or branch in another province or city.

– Foreign non-governmental organizations are granted registration certificates.

(2) Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.

Issuing work permits for foreign workers working at the remaining agencies, organizations, and businesses (including businesses with headquarters in a province or city but with representative offices or branches). branches in other provinces and cities).

2. Who must apply for a work permit?

A work permit is one of the mandatory conditions for most foreign workers when legally working in Vietnam.

Accordingly, except for exempt cases, workers with foreign nationality working in Vietnam in one of the following forms must apply for a work permit:

– Implement labor contracts.

– Moving within the enterprise.

– Carry out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health.

– Contract service provider.

– Offering services.

– Work for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate.

- Volunteers.

– Person responsible for establishing commercial presence.

– Managers, executives, experts, technical workers.

– Participate in implementing bidding packages and projects in Vietnam.

– Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to international treaties to which Vietnam is a member.

(Pursuant to Clause 1, Article 2 of Decree 152/2020/ND-CP)

3. What cases are exempt from work permits?

Pursuant to Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP, there are 20 cases of work permit exemption for foreign workers when entering Vietnam to work:

(1) Head of representative office, project or main responsibility for operations of international organizations or foreign non-governmental organizations in Vietnam.

(2) Entering Vietnam to offer services for a period of less than 3 months.

(3) Entering Vietnam to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese and foreign experts currently in Vietnam cannot be processed within less than 03 months.

(4) Be a foreign lawyer who has been granted a license to practice law in Vietnam.

(5) Cases specified in international treaties to which Vietnam is a member.

(6) In case of marriage to a Vietnamese person and living in Vietnam.

(7) Be an owner or capital contributing member of a limited liability company with capital contribution value of 03 billion VND or more.

(8) Be the Chairman or member of the board of directors of a joint stock company with capital contribution value of 03 billion VND or more.

(9) Internal mobility of enterprises in 11 service industries in Vietnam's service commitment schedule with the World Trade Organization.

(10) Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, construction, appraisal, monitoring, evaluation, management and implementation ODA capital programs and projects.

(11) Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam.

(12) Being sent to Vietnam by a foreign agency or organization to teach and research at an international school under the management of a foreign diplomatic representative agency or the United Nations; establishments and organizations established under agreements that Vietnam has signed and participated in.

(13) Volunteers come to work in Vietnam voluntarily and without salary to implement international treaties of which Vietnam is a member and have confirmation from foreign diplomatic missions or international organizations. economy in Vietnam.

(14) Entering Vietnam to work as a manager, executive director, expert or technical worker for less than 30 days and not more than 03 times in 01 year.

(15) Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels.

(16) Pupils and students studying at schools and training facilities abroad with internship agreements in agencies, organizations, and businesses in Vietnam; interns and trainees on Vietnamese ships.

(17) Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to international treaties.

(18) Have an official passport to work for a state agency, political organization, or socio-political organization.

(19) Person responsible for establishing commercial presence.

(20) Confirmed by the Ministry of Education and Training to enter Vietnam to teach and research.

Instead of applying for a work permit, the above cases must carry out confirmation procedures or report on the case of foreign workers who are not affiliated with the government being granted a work permit.

4. What are the conditions for issuing a work permit?

Based on the regulations on conditions for foreigners to work in Vietnam stated in Clause 1, Article 151 of the 2019 Labor Code, foreign workers entering Vietnam to work will be granted a work permit when they have a work permit. meet the following conditions:

– Be 18 years old or older and have full civil capacity;

– Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;

– Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;

– Have a written approval of the need to use foreign workers from the competent authority, except in cases where the need to use foreign workers is not required.

5. What are the penalties for not having a work permit?

In case of employing foreign workers without a permit, both the employer and the foreign worker will be punished according to the provisions in. Specifically:

– Foreign workers: Fine from 15 – 25 million VND + Forced exit or deportation from Vietnam (according to point a, clause 3 and clause 5, Article 32, Decree 12).

– Foreign employers:

• Fine of 30 - 45 million VND: If employing 01 - 10 foreigners without work permits.
• Fine of 45 - 60 million VND: If employing 11 - 20 foreigners without work permits.
• Fine of 60 - 75 million VND: If employing 21 or more foreigners without work permits.

Above is notable information related to Gwork permit. If you have any questions about this type of license, please contact the hotline 0985882969 for the fastest advice and support.